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MKDP LLP Fail again
This is a somewhat belated post about the exploits of those wonderful creatures MKDP LLP. They have their own legal department (sic) and they instruct agent solicitors, certainly in the cases ive dealt with, so why to they keep losing?
Well, heres a prime example of stupidity in action.
So the story goes, client contacts me about a claim he had recieved, he didnt fully understand the claim for reasons ill get to shortly, so he defended basically saying “prove it” as he had no idea what they were wafffling about.
Now the pleadings alleged that the client entered into an agreement with Barclays Bank Plc but heres the thing, not only did the pleadings fail to give the important dates such as date of agreement, date of default, date of termination, date of last payment etc, they also alleged wrongly that the client had a barclaycard, he didnt.
He did however have a Morgan Stanley Dead Witter Bank Plc card, an entirely different company to Barclays.
So, on reviewing the case we decided that this erroneous pleading needed to be met with an amended Defence. To their credit MKDP did consent to the amended Defence although they were of the view that our case was doomed to fail, well i had a different view, we will find out who was right soon.
So, i drafted the amended Defence, i pleaded everything that needed to be pleaded in a clear and concise manner. We lodged the DQs and the Claim was allocated to the Fast Track , Yippeeeeeeeeee
So we draft our list of documents, there wasnt much to speak of, apart from a grossly illegible credit agreement which MKDP had sent in reply to the clients section 78 request, it was the Claimants list of documents that was very telling. No default notice, no deed of assignment, two documents which were central to their case and which werent in the list of docs.
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Well, heres a prime example of stupidity in action.
So the story goes, client contacts me about a claim he had recieved, he didnt fully understand the claim for reasons ill get to shortly, so he defended basically saying “prove it” as he had no idea what they were wafffling about.
Now the pleadings alleged that the client entered into an agreement with Barclays Bank Plc but heres the thing, not only did the pleadings fail to give the important dates such as date of agreement, date of default, date of termination, date of last payment etc, they also alleged wrongly that the client had a barclaycard, he didnt.
He did however have a Morgan Stanley Dead Witter Bank Plc card, an entirely different company to Barclays.
So, on reviewing the case we decided that this erroneous pleading needed to be met with an amended Defence. To their credit MKDP did consent to the amended Defence although they were of the view that our case was doomed to fail, well i had a different view, we will find out who was right soon.
So, i drafted the amended Defence, i pleaded everything that needed to be pleaded in a clear and concise manner. We lodged the DQs and the Claim was allocated to the Fast Track , Yippeeeeeeeeee
So we draft our list of documents, there wasnt much to speak of, apart from a grossly illegible credit agreement which MKDP had sent in reply to the clients section 78 request, it was the Claimants list of documents that was very telling. No default notice, no deed of assignment, two documents which were central to their case and which werent in the list of docs.
More...
